Legal Opinion

Town of Hempstead v. St. Conus Catholic Soc. of Bros. Congregation of Mutual Benevolence

New York County Courts

Decided April 7, 1924Published

1Opinion of the CourtSmith, J.

This is an action brought to recover the sum of fifty dollars as a penalty. The case was submitted upon an agreed statement of facts, there being no dispute about the facts alleged in the complaint, the defendant contending that the ordinance in question is invalid and unconstitutional.

Questions relating to the validity of ordinances have often been before the courts, and not all of the decisions seem to be in harmony. It seems well established, however, that the presumption is that an ordinance is valid, unless it appears upon the face thereof to be unreasonable. Dillon Mun. Corp. (5th ed.)…

2Cases cited6 opinions

  1. People Ex Rel. Schwab v. . GrantNew York Court of Appeals · 1891
  2. Cronin v. . People of the State of New YorkNew York Court of Appeals · 1880
  3. People Ex Rel. Doyle v. . AtwellNew York Court of Appeals · 1921
  4. Roderick v. WhitsonNew York Supreme Court · 1889
  5. Village of Flushing v. CarraherNew York Supreme Court · 1895

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